(Editor’s Note: Attorneys for Mr. Keith McSwain et al have contacted www.billygoboy.com regarding this article. Mr. Keith McSwain’s position set out in court documents is that “The USDA has never issued a formal complaint against the McSwains, thereby avoiding administrative and judicial scrutiny of its disqualifications of Honors. (Id. at ¶ 36.)There was discussion regarding the photos of “Honors” front feet. The article was modified to include the photos from the court file (PacerMonitor.com). The original article contained enhanced photos which were enlarged, lightened and contrasted. These photos remain in the article. The latest version of the article includes USDA Vet Dr. Bart Sutherland’s Affidavit in which he describes what the two lightened and contrasted photos of “Honors” front feet depict. Please note that Mr. Keith McSwain has never been adjudicated by a court of law for being in violation of the Horse Protection Act. There have been five allegations by the USDA of Horse Protection Act violations have occurred with “Honors”. A major impetus for Mr. McSwain et al lawsuit is that the owners of “Honors” allege they have been denied Due Process under the Fifth Amendment to the U. S. Constitution. Anonymous sources expect the Court to rule at any time on the Plaintiffs Motion For Preliminary Injunction. Further coverage will be forthcoming.)

ATLANTA, GA – (c) The late Mr. Claude Crowley, owner of the famed sire and show horse Pride’s Generator, when the future of “Big Lick” Tennessee Walking Show Horses was in peril in 1988 before U.S. Federal Judge Oliver Gasch (District of Columbia), poignantly said:

“What are we going to do? Plow them?

It appears that “Plowing” the “Savior Horse” – “Honors” – was not an option that owners Mr. Keith McSwain, et al, of Atlanta, Georgia were ready to contemplate.

After three years of frustration at not being allowed to show “Honors” at the Tennessee Walking Horse National Celebration, Mr. McSwain et al filed a federal lawsuit on April 15, 2016, in Atlanta, Georgia, so “Honors” can show, despite the scars on his front feet.

“Honors” is recognized as being one of the most naturally talented Tennessee Walking Horses ever foaled, yet like all“Big Lick” Tennessee Walking Horses, “Honors” was allegedly SORED as a young horse. “Honors”received this Horse Protection Act violation citation “Ticket” as a Two Year Old at the 2010 Tennessee Walking Horse National Celebration.

And much like Gen’s Ice Glimmer, alleged permanent scars were left on “Honors” front feet due to the – pads, chains and alleged use of chemicals – used to create the “Big Lick”.

GEN’S ICE GLIMMER – JULY 28, 2015

GEN’S ICE GLIMMER, TWHBEA #24704770, Blood Type ‪#‎TWT050457‬

Now nine years old, “Honors” has only shown four times in the big oval at the TWHNC. In 2011, “Honors” won the Three Year Old Preliminary and Championship classes. In 2012 , “Honors” won the Four Year Old Preliminary and World Grand Championship clsses. Many thought “Honors”was ready then to compete for the “Big Stake” – World Grand Championship – but instead, the decision was made to wait until 2013.

Then things went awry.

‘SAVIOR HORSE’ – “HONORS” – ADVERTISED AT 2013 TWH CELEBRATION

Disaster hit when “Honors” was turned down by the USDA, and not allowed to enter the big ring on the first Saturday night before Labor Day in 2013.

The crowd in West Grand Stands waiting for “Honors” to enter the show ring:

Listen here to the crowd reaction at – 1:18 min. – when it is announced there will be NO more horses participating – meaning “Honors” would not be allowed to show

The battle over “Honors” being able to show went on during 2014 and 2015.

“Honors”was turned down at the 2014 “Red Carpet Show of the South” at Pulaski, Tennessee. (Note: Mr. Jeff Mitchell of Pulaski, TN, was convicted in 2016 for starving 55 Tennessee Walking Horses including those with World Grand Champion lineage.)

Here is an Exhibit – USDA investigation regarding “Honors” and his trainer Mr. Larry Edwards – produced on May 10, 2016, by the USDA at the Preliminary Injunction Hearing.

In his April 15, 2016, lawsuit, Mr. Keith McSwain, et al, alleged that the USDA had violated his rights to “Due Process” under the Fifth Amendment to the U. S. Constitution; exceeded its authority, and

“The USDA knowingly engaged in a scheme to destroy the Tennessee Walking Horse culture and industry by violating the Fifth Amendment Due Process rights of horse owners, including the McSwains, and those owners, persons, entities, and competitions that make the industry possible.”

Mr. McSwain is represented by noted attorney L. Lin Wood, Esq., who was counsel for Mr. Richard Jewell, falsely accused of the “back pack” bombing at the 1996 Atlanta Olympic games. Mr. Wood is joined by two other “name” trial lawyers for the McSwains.

Ms. Darcy F. Coty is trial counsel for USDA Ag Sec. Tom Vilsack.

Presiding over the case is U. S. Federal District Judge Richard W. Story, appointed by President Bill Clinton in 1997.

On May 9, 2016, the USDA filed a Response to McSwain’s Motion for Preliminary Injunction, and a number of Exhibits including Affidavits by USDA Vet Inspectors Dr. Bart Sutherland and Dr. Jeff Baker, and a USDA Investigation regarding “Honors” Trainer Mr. Larry Edwards of Dawson, Georgia.

(Right) Mr. Keith McSwain – former University of Georgia football player – Successful Atlanta home builder.

For the Court to issue a “Preliminary Injunction”, Mr. McSwain has to legally meet four requirements:

Mr. McSwain will suffer irreparable injury if the Court doesn’t issue the injunction,

Mr. McSwain is likely to prevail on the merits of his lawsuit;

The threatened injury to Mr. McSwain – Honors not be allowed to show – outweighs the damage an injunction would have on opposing parties;

If issued, the injunction must not be adverse to the public interest.

An injunction is an “extraordinary and drastic remedy”, and “all four elements” (not just one) must be met for a Preliminary Injunction to be issued.

Nephew Eugene says a major question the Court might have is “Why” did Mr. McSwain et al wait until right before the 2016 Show Season to seek this remedy. The situation has existed almost nine months since “Honors” was turned down on August 29 2015, at the Tennessee Walking Horse National Celebration.

“The USDA knowingly engaged in a scheme to destroy the Tennessee Walking Horse culture and industry by violating the Fifth Amendment Due Process rights of horse owners, including the McSwains, and those owners, persons, entities, and competitions that make the industry possible.”

The alleged “industry”, according to MTSU Horse Science Professor Dr. John Haffner is a “business built on the suffering and pain of horses”. Most knowledgeable people simply says it’s a “racket”.